Center justifies in SC Limit of Rs 8 lakh Fixed annual income to determine EWS category for booking in NEET


New Delhi: The Center justified Tuesday before the Supreme Court its decision to set the limit of Rs 8 lakh of annual income set to determine the category of economically weaker sections (EWS) for booking in NEET admissions for medical courses. In an affidavit filed by the Department of Social Justice and Empowerment in the Supreme Court, he stated that the principle of setting the amount is rational and in accordance with Articles 14, 15 and 16 of the Constitution.Also read – When will the NEET UG 2021 result be released? Students require early announcement from NTA after SC order

“The exercise carried out to determine the creamy layer for the purpose of the OBC reservation would also be applicable for the determination of the SAP category, because the fundamental principle is that if a person / his family has a substantial economic situation, he may not have need the benefits. reservation at the expense of others. Also Read – Why Are NEET UG 2021 Results Delayed? The center expresses its concern, says it is ready with results but….

“It is reiterated that even the Commission of Major General Sinho had suggested that” the extension of the existing criteria to identify the “creamy layer” among OBCs could well serve to decide on the upper limit or as a criterion for identifying families. EBC among the general category as well, ”said the affidavit. Also Read – NEET UG 2021 Latest News: Bombay HC Orders NTA To Keep NEET For Two Midshipmen After Supervisors Confused

The Major Gen (ret) SR Sinho Commission was established by the UPA government in 2010 and recommended welfare measures for the SAP category. The ministry further stated that the criteria for determining the SAP category were derived after due deliberation with all relevant stakeholders.

“Even before the memorandum of the office of January 17, 2019 existed in the context of the identification of economically backward classes (EBC), the government had set up the Commission of Major General Sinho in 2005. This commission had, by its July 2010 report, came to various conclusions, including the criteria for identifying the “creamy layer” among CBOs, which may well serve as a basis for deciding the upper limit or criteria for identifying EBC families. among the general category as well.

“Alternatively, the Commission recommended that BPL families in the general category whose annual family income from all sources is below the taxable limit (which may be revised from time to time) may be identified as EBC,” the affidavit states. .

The Center argued that the income tax limit of Rs 1 lakh has been increased from time to time according to the cost of living and that it is currently Rs 8 lakh per year.

“In 2016, the upper income limit for determining the creamy layer with regard to OBCs was Rs 6 lakhs per year. In order to maintain the same, it has been adjusted to Rs 8 lakhs based on the consumer price index. With the CPI going from 197 (December 2011) to 268 (March 2016), the multiplier was 1.36. Therefore, to maintain the same standard of living, the income limit of Rs 6 lakh has been multiplied by 1.36 to arrive at 8.16 lakhs, which has been rounded up to Rs 8 lakhs, ”Center submitted.

“Once such an exercise had already been done, the Indian government adopted the same financial criteria. It is recalled that although the report of the Sinho Commission is one of the aspects taken into consideration when making a political decision to provide a reserve to the company’s SAP, the income criteria now set are not only based on the report of Major General Sinho’s Commission. Said the affidavit.

The ministry argued that the determination of the SAP category under the memorandum dated January 17, 2019 is not overly inclusive and does not need to be changed.

“The setting of eight lakh as an income criterion is made on the basis of the criteria detailed in the affidavit after taking into consideration the criteria for determining the creamy layer of OBCs. Moreover, even Major General Sinho’s Commission had recognized that the same test could also be applied for AMPs. To provide additional checks to ensure that only the needy benefit from the reservations of Article 15 (6) and Article 16 (6), the office’s memorandum dated January 17, 2019 provides for further exclusions, ”says the affidavit.

The Center assured the higher court on Monday that the NEET-PG counseling process will not begin until the higher court decides to challenge a reservation of 27% for OBC and 10% for the EWS category in PG all seats. quota in India (MBBS / BDS and MD / MS / MDS) of the current academic session.

On October 21, the highest court asked the Center if it wished to review the eight rupee annual income limit set to determine the EWS category for booking in NEET admissions for medical courses.

The highest court had specified that it was not getting involved in the political field but that it was only trying to verify whether the constitutional principles had been respected or not.

The Supreme Court heard a batch of pleadings challenging the July 29 Center and Medical Counseling Committee (MCC) opinion providing for a reservation of 27% for other backward classes (OBC) and 10% for the EWS category in the National Eligibility cum Entrance Test (NEET)) admissions to medical courses.

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